The city hereby regulates industrialized housing and buildings
pursuant to Texas Occupations Code, sections 1202.252 and 1202.253.
Pursuant to Texas Occupations Code, section 1202.251(b), except as
provided in this article, city ordinances, regulations, and other
rules relating to the transportation, erection, installation, or use
of industrialized housing or buildings apply without distinction as
to whether the housing or buildings are manufactured or constructed
on site. Pursuant to Texas Occupations Code, sections 1202.251(b)
and 1202.253, nothing in this article affects the city’s authority
to adopt and enforce regulations pertaining to protection of historic
districts, land use and zoning requirements, building setback requirements,
side and rear yard requirements, site planning and development and
property line requirements, subdivision control, and landscape architectural
control.
(Ordinance 2018-547 adopted 4/9/18)
In this article, the following terms and their derivations shall
have the meanings given in this section:
Commission.
The state commission of licensing and regulation, or its
successor agency.
Council.
The state industrialized building code council, or its successor
agency.
Department.
The state department of licensing and regulation, or its
successor agency.
Industrialized building.
(1)
Defined.
An industrialized building is a commercial structure that
is:
(A)
Constructed in one or more modules or constructed using one
or more modular components built at a location other than the commercial
site; and
(B)
Designed to be used as a commercial building when the module
or the modular component is transported to the commercial site and
erected or installed.
(2)
Systems included.
An industrialized building includes the structure’s
plumbing, heating, air conditioning, and electrical systems.
(3)
Structures included.
An industrialized building includes:
(A)
A permanent commercial structure;
(B)
A commercial structure designed to be transported from one commercial
site to another commercial site; and
(C)
A portable, modular building capable of being relocated, regardless
of whether the facility is built at the installation site, that is
used primarily as an educational facility for teaching the curriculum
required under section 28.002, Education Code purchased or leased
on or after January 1, 2010.
(4)
Structures excluded.
An industrialized building does not include:
(A)
A commercial structure that exceeds four stories or 60 feet
in height; or
(B)
A commercial building or structure that is:
(i)
Installed in a manner other than on a permanent foundation;
and
(ii)
Either:
a.
Not open to the public; or
b.
Less than 1,500 square feet in total area and used other than
as a school or a place of religious worship.
Industrialized housing.
(1)
Defined.
“Industrialized housing” means a residential
structure that is:
(A)
Designed for the occupancy of one or more families;
(B)
Constructed in one or more modules or constructed using one
or more modular components built at a location other than the permanent
site; and
(C)
Designed to be used as a permanent residential structure when
the module or the modular component is transported to the permanent
site and erected or installed on a permanent foundation system.
(2)
Systems included.
Industrialized housing includes the structure’s plumbing,
heating, air conditioning, and electrical systems.
(3)
Structures excluded.
Industrialized housing does not include:
(A)
A residential structure that exceeds four stories or 60 feet
in height;
(B)
Housing constructed of a sectional or panelized system that
does not use a modular component; or
(C)
A ready-built home constructed in a manner in which the entire
living area is contained in a single unit or section at a temporary
location for the purpose of selling and moving the home to another
location.
Mandatory building code.
The applicable building code under section 1202.151, Texas
Local Government Code, as the same may be amended or replaced by the
council, the department, or the commission.
Modular component.
A structural part of housing or a building constructed at
a location other than the building site in a manner that prevents
the construction from being adequately inspected for code compliance
at the building site without:
(2)
Removal and reconstruction of a part of the housing or building.
(Ordinance 2018-547 adopted 4/9/18)
No person shall, and it is prohibited for any person to, construct,
build, install, transport, or occupy an industrialized building or
industrialized housing, or prepare any site for the construction,
building, or installation of an industrialized building or industrialized
housing, unless such person has obtained all necessary licenses and
permits and complied with all of the requirements of this article
and other applicable city, state, and federal ordinances, rules, and
regulations. Failure to take any action required under this article
is unlawful. Violation of any provision of this article is a misdemeanor.
(Ordinance 2018-547 adopted 4/9/18)
(a) Permit required.
No person shall construct, build, install,
transport, or occupy an industrialized building or industrialized
housing, or prepare any site for the construction, building, or installation
of an industrialized building or industrialized housing, unless such
person has obtained a permit for such activity from the city.
(b) Permit application.
In addition to the information required
under the city’s general building codes, to obtain a permit
under this article, the applicant for such permit shall provide the
city building official with the following:
(1) A complete set of designs, plans, and specifications bearing the
stamp of approval of the council;
(2) Plans that demonstrate that the industrialized building or housing
will be securely fixed to a permanent foundation system;
(3) Copies of all permits and licenses required by local regulatory agencies,
utilities, and other entities other than the city for the construction,
building, installation, transportation, or occupancy of the industrialized
building or housing; and
(4) Payment for all fees prescribed by the city council as on file with
the city secretary.
(5) For applications for single-family or duplex industrialized housing, plans that demonstrate compliance with the terms of section
3.09.005, below.
(c) Decal or insignia.
All modules or modular components
of an industrialized building or housing must bear an approved decal
or insignia indicating inspection by the department.
(d) Inspection.
(1) The city building official, or such official’s designee, shall
inspect all construction involving industrialized housing and buildings
to ensure compliance with mandatory building codes and commission
rules; and approved designs, plans, and specifications, including
inspection of:
(A) The construction of the foundation;
(B) The erection and installation of the modules or modular components
on the foundation;
(C) All other on-site construction.
(2) No industrialized building or housing may be occupied until such
industrialized building or housing passes final inspection and testing
and any deficiency identified in the final inspection or testing has
been corrected.
(3) The city building official may submit questions to the council in
connection with the review of designs, plans, and specifications submitted,
including but not limited to questions regarding code equivalency
or alternative materials or methods of construction.
(e) Permit denial.
No permit shall issue for any industrialized
building or housing that does not comply with this article, the mandatory
building codes, or any other ordinance, rule, or regulation, including
but not limited to title 16, chapter 70, Texas Administrative Code.
The denial of a permit under this article may be appealed to the city
council sitting as the city board of adjustment.
(f) Permit expiration.
A permit issued under this article expires under the same terms as a building permit issued under article
3.02, division 2.
(Ordinance 2018-547 adopted 4/9/18)
(a) Licenses and permits.
Single-family or duplex industrialized
housing must have all permits and licenses applicable to other single-family
or duplex dwellings.
(b) Compatibility with surrounding neighborhood.
Under this
section, the taxable value of industrialized housing is determined
by the taxable value of the industrialized housing and the lot after
installation of the housing. Single-family and duplex industrialized
housing must:
(1) Have a taxable value equal to or greater than the median taxable
value for each single-family dwelling located within 500 feet of the
lot on which the industrialized housing is proposed to be located,
as determined by the most recent certified tax appraisal roll for
each county in which the properties are located;
(2) Have exterior siding, roofing, roof pitch, foundation fascia, and
fenestration compatible with the single-family dwellings located within
500 feet of the lot on which the industrialized housing is proposed
to be located; and
(3) Comply with the city’s aesthetic standards, building setbacks,
side and rear yard offsets, subdivision control, architectural landscaping,
square footage, and other site requirements applicable to single-family
and duplex dwellings.
(c) Permanent foundation.
All single-family or duplex industrialized
housing must be securely fixed to a permanent foundation system in
compliance with title 16, chapter 70, Texas Administrative Code.
(Ordinance 2018-547 adopted 4/9/18)